1 2025:CGHC:20515 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3459 of 2025 Sahdev Kar S/o Nanda Gopal Kar Aged About 28 Years R/o Mv-42, Malkangiri, District Malkangiri (Odisha) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Police Station Purur, District Balod (C.G.) ... Respondent(s) For Applicant(s) : Mr. Mukesh Shrivastava, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.05.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 105/2024 registered at Police Station Purur, District Balod (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Purur, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 District Balod(C.G.) seized 21 Kgs of contraband article i.e. Ganja from the possession of the applicant, thereafter, aforementioned offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 13.02.2025, therefore this second bail application is filed on the ground that since the material witness and other prosecution witnesses have been examined before the trial Court and they have turned hostile, charge-sheet has already been filed in the present case and the applicant is in jail since 22.08.2024, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that from the possession of applicant 21 Kgs of Ganja has been recovered, which is above the commercial quantity, as such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the above submissions made by the learned counsel for the parties, as the material witness and other prosecution witnesses have turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant 3 was rejected by this Court vide order dated 13.02.2025 in MCRC No. 9118 of 2024 on the ground that the contraband article i.e. Ganja seized from the possession of applicant was above the commercial quantity, further there appears to be no new ground. 8. Accordingly, the second bail application of the applicant- Sahdev Kar, involved in Crime No. 105/2024 registered at Police Station Purur, District Balod (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil